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Beacon Hill Roll Call

THE HOUSE AND SENATE: Beacon Hill Roll Call records local senators' votes on roll calls from the week of Jan. 18-22. There were no roll calls in the House.

The Senate, on a voice vote without a roll call, approved a bill banning the use of hand-held cell phones and other mobile devices while driving. The measure allows only the use of hands-free phones and devices. First time violators would be fined $100, a second time offense is $250 and any subsequent offense is a $500 fine and would be considered a moving violation for insurance purposes.

The House has approved a different version of the bill. The Senate version now goes to the House for consideration.

The first five roll calls are on proposed amendments to the bill.

EXEMPT EMERGENCY PERSONNEL (S 2093)

Senate 33-3, approved an amendment allowing public safety personnel or emergency first responders to use a hand-held mobile electronic device while driving in the course of their official duty.

Senate 12-24, rejected an amendment that would amend a section of the bill that allows individuals to use a hand-held mobile electronic device if he or she is making the call for emergency purposes including medical assistance, car problems and the need for a police officer or firefighter.

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The amendment would expand the amendment and also exempt drivers who receive an emergency call.

(A "Yes" vote is for the amendment expanding the exemption. A "No" vote is against it.)

Senate 12-24, rejected an amendment that would allow people using a handheld device while driving to be exempt from the $100 fine for a first violation if they prove with a receipt they bought a hands-free device shortly after the violation.

Senate 25-11, approved and sent to the House a bill that would create the Massachusetts Paint Stewardship Program, run by paint manufacturers to coordinate the collection, recycling, reuse and environmentally sound disposal of used leftover house paint purchased by consumers. The program would be funded by adding a fee to paint sold in the Bay State.

MUST SHOW ID TO VOTE (S 378) -- The Elections Laws Committee held a hearing on several bills including one requiring all voters to show identification at their polling places in order to be allowed to vote. Acceptable forms of ID would include a Massachusetts state driver's license or photo identification card, a United States passport or a Social Security card.

Supporters said it is illogical that all voters are not required to show identification prior to voting and noted that many other states have laws requiring IDs. They argued that people cannot cash a check, rent a car or even enter some government buildings without showing an ID.

Opponents said the amendment would disenfranchise thousands of voters including people who do not have a current address because they are in a homeless shelter or domestic violence facility. Others said that there have been no widespread reports of voter fraud in Massachusetts.

ALLOW NON-CITIZENS TO VOTE (H 596) -- The Elections Laws Committee's agenda also included a proposal that would allow cities and towns to permit non-citizens over age 18 to vote in local municipal elections. These non-citizens would be eligible only if they certify in writing that they live in the city or town and "intend in good faith to become a U.S. citizen and intend to begin that process, if eligible." The law would take effect in a municipality only if approved by the local governing body and by the voters on a local ballot question.

UNSUBSCRIBE FROM DIRECT MAIL (H 3216) -- The Consumer Protection and Professional Licensure Committee held a hearing on legislation that would allow consumers to opt out of receiving direct mail and direct door-to-door flyers. The measure allows consumers to notify the company to take them off the list and fines companies that don't comply up to $1,500.

Supporters said consumers should have the right to opt out if they are tired of receiving junk mail. They noted that junk mail creates an unwanted solid waste management burden for individual households and for cities and towns and that it costs money to dispose of piles of unwanted paper and plastic wrap.

ALLOW BUSINESSES TO OPT INTO "DO NOT CALL" LIST (H 159) -- Also on the Committee on Consumer Protection and Professional Licensure's agenda was a bill restricting telemarketing companies doing business in the state by allowing businesses to sign up for a "do not call" list and fining companies up to $5,000 if they call a business on the list. Current law only allows individual consumers to sign up for the list.

Under the bill, all current laws that now apply to individuals would also apply to businesses including allowing an individual on the list to sue a company for up to $5000 if the company violates the list and calls the individual more than once a year; preventing companies from blocking their number from appearing on any consumer's Caller ID box; prohibiting companies from using recorded message devices to make these calls; and restricting these calls to between 8 a.m. and 8 p.m.

Supporters said this long overdue bill will finally allow businesses to put a stop to these annoying invasions. They argued the system has worked well for consumers and will be a success for businesses.

MILLIONAIRE TAX (H 3933) -- The Revenue Committee held a hearing on a proposed constitutional amendment that would allow a graduated income tax and impose an additional 4 percent income tax, in addition to the current 5.10 percent tax, on taxpayers' earnings of more than $1 million. The proposal goes before the Legislature and on the 2018 ballot only if approved by 25 percent (50 members) of the 2015-2016 Legislature and the 2017-2018 Legislature. The amendment is being proposed by the group Raise Up Massachusetts, which recently gathered the necessary signatures to bring the measure to the Legislature. Language in the amendment requires that the revenue go to fund quality public education, affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation.

Supporters said the amendment is a reasonable one that will affect only 14,000 very wealthy individuals and will generate between $1.3 billion and $1.4 billion in additional revenue. They said the requirement to use the revenue for public education, public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation will benefit millions of Bay State taxpayers.

Opponents said the state will soon regain its dreaded title of "Taxachusetts." They argued the new tax will result in the loss of 9,500 private sector jobs and $405 million annually in personal disposable income. They argued that the earmarking of the funds for specific projects is illegal and said all the funds will go into the General Fund and be up for grabs for anything.

ABSENTEE BALLOTS FOR PRESIDENTIAL PRIMARY ARE NOW AVAILABLE -- Secretary of State Bill Galvin announced that absentee ballots for the March 1 presidential primary are now available in every Massachusetts city and town hall, the earliest absentee ballots have been available before a presidential primary. "If you expect to be absent from your community on Election Day, you can apply in person at your local election office beforehand and cast your absentee ballot there in one visit, but be sure to call the election office beforehand," Galvin said. Voters can also ask for an absentee ballot to be mailed to them. The deadline for persons to register to vote in the presidential primary is February 10.

ABATEMENTS -- Secretary of State Galvin also reminded property owners in two-thirds of the state's communities that the deadline to apply for a property tax abatement is Monday, February 1. He said, "If you believe your assessment is too high, you might want to explore the abatement process. You can challenge a tax bill if you believe that the assessed value is too high in relation to similar properties in the neighborhood, or that the classification is improper." Further information can be obtained by phone at 1-800-392-6090 and online at http://www.sec.state.ma.us/cis/cisptax/cisptax.htm.

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